Gary Powell

Counsel
Gary Powell has almost 35 years of experience as a successful business litigator with an accomplished trial track record. With a national practice representing clients at the federal, state and appellate levels, Mr. Powell focuses on issues related to contracts, business torts, real estate, fiduciary duty claims, lease disputes, agency contracts, tortious interference, insurance coverage disputes, and deceptive trade practices. His expertise includes franchise, distribution, telecommunications, and uniform commercial code litigation.

Businesses turn to Mr. Powell and the Bailey Brauer trial team for their most important litigation. His trial experience includes serving as lead lawyer defending a national retailer against five franchisees suing for more than $5 million in damages. He earned a defense verdict following four-weeks of testimony. Mr. Powell also obtained a summary judgement dismissing claims against a telecommunications company in a lawsuit by other telecommunications companies under the Federal Telecommunications Act of 1996.

Additional representative experience includes:

  • Defended a large janitorial franchisor against a federal lawsuit by a former franchisee who claimed damages for alleged fraud, misrepresentation, deceptive trade practices, breach of contract, and violation of federal and state franchise and business opportunity laws. The litigation concluded with summary judgment for his client.
  • Defended a large U.S. bank against claims alleging the bank caused an investor to lose millions due to wrongful stock trades and breach of fiduciary duty. The lawsuit concluded with summary judgment awarded for the defense.

Mr. Powell is AV rated by Martindale-Hubbell, the highest peer review rating. A two-time recipient of the Pro Bono Service Award by the Dallas Bar Association, he is a member of the State Bar of Texas Litigation Section and vice chair of the Housing Crisis Center Board of Directors.

Mr. Powell graduated from the University of Alabama School of Law, where he served as editor of the Law and Psychology review, chairman of the Moot Court Board and was selected to the Order of the Barristers. He graduated Magna Cum Laude for his undergraduate degree from the same university.

Admissions

  • Texas State Bar
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • Alabama State Bar – currently inactive

Professional Honors

  • Dallas Bar Association, Distinguished Pro Bono Service Award, 1987
  • Dallas Bar Association, Pro Bono Service Award, 1990
  • Dallas Bar Association, Pro Bono Service Recognition, 1995

Contact

Phone: (214) 360-7433
Email: GPowell@BaileyBrauer.com
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Fields of Practice

  • Banking & Financial Institutions Litigation
  • Business Litigation & Dispute Resolution
  • Construction Law
  • Healthcare Litigation
  • Private Wealth & Fiduciary Litigation
  • Real Estate Litigation

Experience

  • Bailey Brauer PLLC (2017 – current)
  • Locke Lord, LLP (1986 to 2017)

Representative Cases

Dismissing plaintiff’s claim against Network, defendant/client.
Affirming judgment as a matter of law for Warner-Amex, defendant/client against antitrust and other claims.
Affirming summary judgment and judgment awarding damages for American Heart Assn, client.

Publications/Speaking Engagements

  • Author, “Real Estate Remedies: Lis Pendens,” State Bar of Texas, Litigation Section, The Advocate, Fall 2005

  • Presenter, “Residential and Commercial Evictions in Texas,” sponsored by the National Business Institute, 1996
  • Presenter, “Lease Enforcement Remedies from the Landlord’s Perspective,” Seminar sponsored by CLE International, Spring 2002, Fall 2004

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Professional Associations and Memberships